Civil Code (Cap. 16)
Civil Code (Cap. 16), article 958E
958E. (1) The Civil Court (V oluntary Jurisdiction Section)
shall be competent to issue a Eu ropean Certificate of Successio n in
all cases.
(2) A notary may only issue a European Certificate of
Succession where all the beneficiaries of the succession are in
220 [CAP. 16. CIVIL CODE
agreement on the contents of the certificate and have expressed
their consent in writing to the notary to proceed with the issu e of
the certificate.
(3) A notary shall not issu e a European Certificate of
Succession:
(a) where an application for the issue of such a certificate
concerning the succession of the same person has been
made to the Civil Court (V oluntary Jurisdiction
Section) prior to the issue of a certificate;
(b) where the agreement of all the beneficiaries of the
succession in accordance with sub-article (2) has not
been attained; or
(c) where the notary is aware that there is a dispute
concerning the inheritance or estate or parts of the
estate of the deceased.
(4) In the cases referred to in su b-article (3), the notary or a n
advocate may, on the request of any person referred to in Artic le
63(1) of the Succession Regulation, make an application to the
Civil Court (V oluntary Jurisdic tion Section) on behalf of such
person for the issue of a Eur opean Certificate of Succession.
(5) For the purposes of this article, "beneficiaries of the
succession" means the known heirs and legatees of the successio n,
and if any, the testamentary executors.
Registration of
application.
Added by:
XVI.2015.6.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.